Friday, October 28 2016


Assembly mulls role of People's Procuracy

Update: October, 15/2015 - 08:48
In the meeting, head of the People's Supreme Procuracy, Tran Hoa Binh, suggested keeping the procuracy's role of a prosecution agency as in the current law. — VNA/VNS Photo Phuong Hoa

HA NOI (VNS) — The role of the People's Procuracy in prosecution processes of administrative cases was fiercely debated in yesterday's National Assembly Standing Committee (NASC) meeting.

Yesterday, the NASC debated two revised laws on Administrative Procedure and Criminal Procedure which would be discussed and passed in the upcoming NA session this month.

Nguyen Van Hien, chairman of NA Justice Committee, said that the opinions of NA deputies on the role of the People's Procuracy in administrative cases were split into three groups.

The first group agreed with having the procuracy as prosecutor while the second suggested the procuracy as a judical supervision agency, the last group thought the procuracy should act as an agency taking part in procedural processes.

Hien told the meeting that the Constitution 2013 regulates VN to allow online immigration the procuracy's role as a judicial supervising agency for administrative and civil cases of marriage and family, business, trading, and labour.

Thus, in the revised law, the agency could not be a prosecutor in administrative cases, Hien said.

In the meeting, head of the People's Supreme Procuracy, Tran Hoa Binh, suggested keeping the procuracy's role of a prosecution agency as in the current law.

After nearly one hour of discussion the NASC voted with the majority agreeing with Binh's opinion.

One new point in the draft revised law is that if a defendant is an organisation or head of organisation, he can authorise his deputy to represent him at court.

Many participants argued that the defendant himself should be present at court.

In many administrative lawsuits courts discovered many documents not complying with law. To overcome this, many deputies suggested adding to the draft law a regulation which gives courts a right to amend or annul unqualified legal documents.

In yesterday's debate on the revised Criminal Procedure Law, participants agreed with the NASC's report on collecting opinions of NA deputies.

The deputies agreed on using the "presumption of innocence" aimed at respecting human rights and citizenship, the role of lawyers was also increased in the draft law.

Deputy Minister of Justice, Dinh Trung Tung, suggested adding tax agencies and securities committees as investigators of criminal cases.

Many deputies agreed with voice and camera recording during interrogation at investigation offices.

However, some opposed and said the recording should only occur in cases where those arrested were accused of serious crimes.

The NASC said that recording interrogations was necessary to ensure transparency and protect those accused from forced confessions and torture, as well as to protect interrogators from slander.

In the afternoon, the NASC discussed the draft Law on Custody and Detention, and the draft Law on Criminal Investigation Orgnisation. — VNS

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